IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009439 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009439 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding the following awards to his DD Form 214: * Southwest Asia Service Medal with two bronze service stars * Kuwait Liberation Medal-Saudi Arabia * Kuwait Liberation Medal-Kuwait * National Defense Service Medal b. deleting the current entry in item 12f of this DD Form 214 and replacing it with the entry "00  06  29"; and c. adding the entry "SERVICE IN SOUTHWEST ASIA FROM 19900901-19910329" to item 18 of this DD Form 214. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009439 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his deployment in Southwest Asia in support of Operations Desert Shield/Desert Storm. 2. The applicant states: a. He was an active participant in Operations Desert Shield/Desert Storm while assigned to Battery B, 4th Battalion, 41st Field Artillery, 197th Infantry Brigade. b. His DD Form 214 does not show he participated in Operation Desert Storm. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 12 March 1981. On 10 July 1991, he was honorably discharged for expiration term of service. 3. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Army Good Conduct Medal (2nd Award) * Army Achievement Medal with First Oak Leaf Cluster * Noncommissioned Officer Professional Development Ribbon * Army Commendation Medal * Army Lapel Button 4. This DD Form 214 shows in: * item 12f (Foreign Service) – "00  00  00" * item 18 (Remarks) – no deployments 5. The Defense Manpower Data Center (DMDC) compiled the Operations Desert Shield/Desert Storm data base. The primary Operations Desert Shield/ Desert Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991. This data base shows the applicant served in Southwest Asia from 1 September 1990 to 29 March 1991 (total of 6 months and 29 days). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are: * Defense of Saudi Arabia (2 August 1990 to 16 January 1991) * Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991) * Southwest Cease-Fire (12 April 1991 to 30 November 1995) b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993. d. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions stated: a. For item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 from the Soldier's record. b. For item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION: 1. The entry from the DMDC is accepted as sufficient evidence in which to correct item 18 of the applicant's DD Form 214 to show his dates of service in Southwest Asia from 1 September 1990 to 29 March 1991. 2. As related issues: a. Based on his service in Southwest Asia from 1 September 1990 to 29 March 1991, he is authorized award of the Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi-Arabia, and Kuwait Liberation Medal-Kuwait. His DD Form 214 does not show these medals. b. He served a qualifying period of service for award of the National Defense Service Medal. His DD Form 214 does not show this medal. c. Item 12f of his DD Form 214 does not show he completed 6 months and 29 days of foreign service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009439 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2